Pro-Family Groups Wonder: Will California AG Defend State Law on Marriage?
by Jody Brown, Bill Fancher, and Fred Jackson
March 2, 2004
(AgapePress) - Two lawsuits challenging San Francisco's issuance of illegal marriage licenses to homosexual couples are scheduled to be heard this month -- one on Friday and the other in about four weeks. The pro-family plaintiffs in both cases are optimistic that their suits will bring a stop to the almost non-stop homosexual "wedding march" that began almost three weeks ago in the City by the Bay.
The San Francisco County Clerk has been asked by the California Supreme Court to respond by Friday, March 5, to the Alliance Defense Fund's request for an immediate stay and a peremptory writ of mandate on the issuance of the licenses. The clerk's office began issuing the licenses on February 12 after San Francisco Mayor Gavin Newsom ordered that the marriage application be modified to accommodate same-sex couples. Newsom's order was in direct defiance of California's Defense of Marriage Act, passed by state voters in March 2000.
Benjamin Bull, chief counsel for ADF, says his firm is please to see that the high court sees the law breaking in San Francisco as a serious matter. "We're encouraged that the court has ordered expedited treatment of the case, especially in light of the glacially slow process in the superior court," the attorney says.
The court, Bull says, is proceeding as it should. "We see the door on the improper attempt to redefine marriage beginning to slam shut," he says. "This case is ultimately about the rule of law. We're hoping the Attorney General [Bill Lockyer] will thoroughly defend the laws of California -- and the will of its citizens."
The Reluctant AG
But Randy Thomasson of the Campaign for California Families is not so sure Attorney General Lockyer will do that. That is why he and Liberty Counsel have filed legal documents seeking to intervene in legal action brought by Lockyer against the City of San Francisco on Friday at the State Supreme Court.
Liberty Counsel and CCF point out that the state's top law enforcement official was virtually silent for an entire week while the San Francisco County Clerk issued illegal marriage licenses to same-sex couples. And it was only after California Governor Arnold Schwarzenegger asked Lockyer to intervene that the AG's office posted a message on its website.
According to Liberty Counsel, that message stated the AG would defend the law -- but then added that Lockyer himself is opposed to any law that "discriminates" and personally favors domestic partnerships and civil unions.
"Having remained silent when he should have acted and having publicly stated his personal opinions, Mr. Thomasson and CCF question whether the AG's office will adequately and vigorously defend California's law that state marriage is between one man and one woman," a Liberty press release says.
In the documents filed on behalf of Thomasson's group, Liberty Counsel argues that CCF and its supporters are not adequately represented by the state attorney general. Thomasson v. Newsom is set to be heard on the afternoon of March 29.
Once Again...There is No 'Homosexual Gene'
A Christian medical group says faulty research is being used by those who promote the homosexual lifestyle. The research of one homosexual scientist is the only source for the belief in the existence of a homosexual gene that creates homosexual desires. Dr. Gene Rudd, spokesman for the Christian Medical and Dental Associations, says a study on 200 literature reviews of that man's research does not support the concept.
"The data collected early on to try to support the concept that there was a homosexual gene has not been reproducible by anyone else," Rudd explains. "It does seem to be subject to bias of the ones who authored [the research], so ... we can say that the medical research currently shows no credible evidence that there's a genetic pre-determinism for homosexuality."
The CMDA does say, however, that research supports the fact that traditional marriage is the best type of relationship for several reasons.
"We know the scientific research shows that that's the best environment in which to bring up children, it's the best environment in which to protect our society, and it's the best environment to provide health safety for the individuals," Rudd says.
The CMDA spokesman adds that the homosexual lifestyle is fraught with health issues for those who participate in the lifestyle, and even for those who do not.
Meanwhile, on the legislative front, Mississippi is moving to amend its constitution to make it clear that marriage is only for a man and a woman. The State House passed a resolution to that effect on Monday; it will now head to the Senate and, eventually, the voters in November.
One state legislator quoted by the Northeast Mississippi Daily Journal says the constitution must be amended to prevent judges from overturning the law.
